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My friend received an unexpected bill from the council this morning, for council tax for two months.
He has never paid any council tax as he is deemed Class U, Severely Mentally Impaired.
He was living in Property 1 and the council served a Prohibition Order on that property due the landlord not undertaking repairs, and allowing disrepair. He moved out of Property 1 and moved into Property 2. The council moved the Class U exemption over to Property 2.
However, he did not give up possession of Property 1 immediately because there was a court claim against his landlord for the disrepair. However, during the Prohibition Order, the landlord changed all the locks at Property 1 and he was unlawfully evicted, in lieu of a valid Possession Order.
The landlord of Property 1 has written to the council saying the tenant was in possession of Property 1 during the Prohibition Order and after he had also moved into Property 2, and the council have agreed that he was in possession and issued a bill for £300 for council tax.
How can I challenge this?
As he is deemed Class U, Severely Mentally Impaired (this required medical evidence from two doctors which the council has always had) is it correct that he will always be disregarded/exempt from council tax?
Can he be exempt/disregarded from paying council tax on two properties at the same time?
The situation is complicated, but he was told by his solicitor not to give up possession of Property 1 until the disrepair claim had been settled with his landlord. When the council served the Prohibition Order on Property 1, he moved all his furniture and belongings out the same day. The council had actually rehoused him in Property 2. The landlord had to underdo extensive repairs to the roof and other parts of Property 1. The tenant was never able to re-enter Property 1 because all the locks had been changed and he had not been given a key.
It seems rather odd the local authority are now, one year on, asking for council tax to be paid, at 100% full rate, for the two months after the Prohibition Order was served. Would the landlord be liable for council tax during a Prohibition Order? Even when the Prohibition Order was revoked because of the landlord had finally carried out all the repairs to the satisfaction of the council, the landlord refused to give the tenant a key so he was never able to re-admit himself to Property 1.
The landlord's Section 8 possession proceedings were also struck out in their entirety due to procedural error.
Can anyone please advise me?
Thank you
He has never paid any council tax as he is deemed Class U, Severely Mentally Impaired.
He was living in Property 1 and the council served a Prohibition Order on that property due the landlord not undertaking repairs, and allowing disrepair. He moved out of Property 1 and moved into Property 2. The council moved the Class U exemption over to Property 2.
However, he did not give up possession of Property 1 immediately because there was a court claim against his landlord for the disrepair. However, during the Prohibition Order, the landlord changed all the locks at Property 1 and he was unlawfully evicted, in lieu of a valid Possession Order.
The landlord of Property 1 has written to the council saying the tenant was in possession of Property 1 during the Prohibition Order and after he had also moved into Property 2, and the council have agreed that he was in possession and issued a bill for £300 for council tax.
How can I challenge this?
As he is deemed Class U, Severely Mentally Impaired (this required medical evidence from two doctors which the council has always had) is it correct that he will always be disregarded/exempt from council tax?
Can he be exempt/disregarded from paying council tax on two properties at the same time?
The situation is complicated, but he was told by his solicitor not to give up possession of Property 1 until the disrepair claim had been settled with his landlord. When the council served the Prohibition Order on Property 1, he moved all his furniture and belongings out the same day. The council had actually rehoused him in Property 2. The landlord had to underdo extensive repairs to the roof and other parts of Property 1. The tenant was never able to re-enter Property 1 because all the locks had been changed and he had not been given a key.
It seems rather odd the local authority are now, one year on, asking for council tax to be paid, at 100% full rate, for the two months after the Prohibition Order was served. Would the landlord be liable for council tax during a Prohibition Order? Even when the Prohibition Order was revoked because of the landlord had finally carried out all the repairs to the satisfaction of the council, the landlord refused to give the tenant a key so he was never able to re-admit himself to Property 1.
The landlord's Section 8 possession proceedings were also struck out in their entirety due to procedural error.
Can anyone please advise me?
Thank you
